Selvakumar @ Selvam v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.02.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and Crl.O.P.No.2175 of 2024 Selvakumar @ Selvam ... Petitioner Vs.

1.The State rep.by The Inspector of Police, W-2, All Women Police Station, Triplicane, Chennai Cr.No.6 of 2023 2.Mrs.Sumathi ..Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records and quash the proceedings in Cr.No.6 of 2023, pending investigation on the file of the 1st respondent.

For Petitioner : Mr.K.Karthick For RR1 : Mr.A.Gopinath Government Advocate (Crl.Side) 1/4

O R D E R

The Criminal Original Petition has been filed to quash the FIR in Cr.No.6 of 2023, pending investigation on the file of the 1st respondent.

2. The case is still at the stage of investigation. the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

3. The Joint Memo of Compromise has been filed before this Court which have been signed by the petitioner and the 2nd respondent and also by their respective counsel. The petitioner and the second respondent were also present in person before this Court and they were identified. In the joint compromise memo it has been stated that the petitioner and the second respondent had entered into a compromise and amicably settled their issues in Crime No.6 of 2023. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.

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4. Under such circumstances, no useful purpose will be served in keeping the First Information Report pending, even though, the offences involved are not compoundable in nature. In the light of the guidelines given by the Hon'ble Supreme Court reported in 2017 9 SCC 641- (Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath), and after exercising due caution as advised by the Hon'ble Suprme Court in The State of Madhya Pradesh v. Dhruv Gurjar and Another reported in (2019) 2 MLJ Crl 10, this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the First Information Report in Cr.No.6 of 2023, pending investigation on the file of the 1st respondent.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Cr.No.6 of 2023, pending investigation on the file of the 1st respondent., is quashed and the terms of affidavit shall form part and parcel of this order. The petitioner shall pay a sum of Rs.10,000/- (Rupees Ten Thousand only) as costs, to the credit of the President, Tamil Nadu Advocates Clerk Association, Madras High Court, Chennai (Indian Bank, High Court Branch, A/c No.484026006, IFSC Code:IDIB000M157), within a period of one week from the date 3/4

N.ANAND VENKATESH, J.

sk of receipt of a copy of this order and file a photocopy of the receipt along with a memo reporting compliance in the Registry. Consequently, connected miscellaneous petition is also closed. 14.02.2024 Index : Yes/No Internet : Yes/No Speaking/Non-Speaking Order sk To

1. The Inspector of Police, W-2, All Women Police Station, Triplicane, Chennai.

2.The Public Prosecutor, High Court, Madras.

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